DATE OF ISSUANCE:This policy was approved by President’s Council on April 11, 2013 and replaces and supersedes the
University’s Policy against Sexual Harassment and Policy against Sexual
Assault, which were first approved in 1981 and 1991, respectively.This policy includes changes mandated by the
U.S. Department of Education Office for Civil Rights (OCR) “Dear Colleague
Letter” dated April 4, 2011.Updated
October 2014 to reflect changes in personnel, organizational names and revised
appendices.

ACCOUNTABLE OFFICIALS/DEPARTMENTS: Title IX
Coordinator, Dean of Student Affairs, and Associate Vice President for Human
Resources. Questions about policy content and process, as well as any reports
of alleged violations of this policy may be directed to any of these officials
or to the individuals identified in the “Resources” section below where contact
information is provided.

ABSTRACT: Policy defines sexual harassment and sexual assault and describes
procedures for reporting concerns or allegations, and for investigating
allegations and taking disciplinary or other corrective actions when a
violation is found to have occurred.

Policy
against Sexual Harassment and Sexual Assault

Carnegie Mellon is dedicated to
the free exchange of ideas and the intellectual development of all members of
its community. For this exchange and development to take place freely, the
institution fosters a positive learning, working, and living environment that
promotes the confidence to work, study, innovate and perform without fear of
sexual harassment or sexual assault. This policy is intended to clearly
identify violations of this standard, provide resources to deal with their
effects, and describe detailed procedures to address complaints of sexual
harassment, including sexual assault.While these principles are clear and straightforward, the detailed
procedures set forth in this document are necessary to assure that these
matters are handled in a fair, thoughtful and thorough manner, consistent with
our dedication to the integrity of our process.

I. The Policy

Sexual harassment and sexual assault are specifically prohibited by Carnegie
Mellon University, as is retaliation for having brought forward a concern or
allegation.This document defines sexual
harassment and sexual assault and explains the procedures that are followed
when someone reports conduct that is prohibited by this policy.Appendix C also identifies specific resources
and actions a victim can choose to take in the immediate aftermath of a sexual
assault.

“Sexual Harassment” is defined as
unwelcome sexual advances, requests for sexual favors, or other visual, verbal
or physical conduct of a sexual nature when:

submission to such conduct
is made either implicitly or explicitly a term or condition of an
individual’s employment or student status in a course, program or
activity; or

submission to or rejection
of such conduct by an individual is used as the basis for employment or
educational decisions affecting such individual; or

such
conduct has the purpose or effect of interfering with an individual's work
or educational performance; or creating an intimidating, hostile, or
offensive working and/or learning environment; or of interfering with
one’s ability to participate in or benefit from an educational program or
activity.

Sexual harassment
includes “Sexual Assault” and any other forms of sexual violence, including
any physical sexual act perpetrated against a person’s will, where that person
does not give clear and voluntary consent, or where that person is incapable of
giving consent due to drug or alcohol use, or due to intellectual or other
disability.Sexual assault includes but
is not limited to rape, sexual battery, sexual coercion (the act of using
pressure or force to have sexual contact with someone who has already refused),
dating violence, domestic violence and any other act of sexual violence.

Sexual
harassment also includes acts of stalking that create a sexually hostile or
threatening environment. Sexual
harassment can occur in many different contexts.Sexual harassment can occur between
members of opposite sexes and/or members of the same sex.Sexual harassment often involves a
supervisory employment relationship or teacher / student relationship.However, sexual harassment can also be
committed by a student against a faculty member, by an employee against a
supervisor, by a member of one’s peer group, or by a contractor, vendor or
other visitor to the University community.A hostile environment can also be created by the actions of more than
one person or a group.

This policy is consistent with the
free expression of ideas that is essential to the mission of the University,
and the University believes that discourse conducted in accordance with the
University’s Freedom of Expression Policy and with the statement on Academic
Freedom and Responsibility enunciated in the Appointment and Tenure Policy of
Carnegie Mellon University, whether in written, spoken, or electronic forms,
will be consistent with this policy.

Under federal, state, and local
legislation (including but not limited to Title IX of the Education Amendments
of 1972), the University has an affirmative duty to devise and adopt
appropriate policies and procedures prohibiting sexual harassment and sexual
assault, including prevention and education programs; to investigate claims of
sexual harassment and sexual assault; and to take prompt remedial action to stop
the harassment and prevent its recurrence.Any faculty member, student, staff employee, vendor or visitor found to
have violated this policy by engaging in conduct constituting sexual harassment
or sexual assault will be subject to appropriate disciplinary or corrective
action, which may include but not be limited to dismissal, expulsion,
termination of employment, termination of contract, removal from campus, or
other revocation of privileges on campus.

For this policy to be meaningful,
members of the University community who are aware of conduct that violates this
policy, whether they observe the conduct directly or otherwise learn about
it, should report it to one of the individuals listed in the “Resources”
section below.Managers and supervisors in particular are obligated by this policy
and the law to report such conduct to one of the sexual harassment advisors,
members of the survival support network (formerly known as sexual assault
advisors), or Title IX coordinators identified below to assure that the matter
is investigated and that appropriate corrective action is taken.Anyone who has questions or concerns about
whether his or her status with the University creates an obligation to make a
report should consult with the Title IX Coordinators or Sexual Harassment
Process Coordinators identified in Section II below.

Health Services and Counseling and Psychological Services personnel are
bound by the law and their professional codes of ethics with regard to the
confidentiality of information learned in the course of rendering care, and
thus are not mandatory reporters for purposes of this policy.

Retaliation is also prohibited by
this policy.No person will be
reprimanded or retaliated against in any way for initiating an inquiry or
lodging a complaint in good faith regarding sexual harassment or sexual
assault.Any conduct constituting such
a reprimand or retaliation is itself a violation of this policy and is equally
subject to disciplinary action under it. Any person subjected to conduct perceived
as a reprimand or retaliation for initiating an inquiry or lodging a complaint
in good faith regarding sexual harassment or sexual assault should promptly
report all relevant information to one of the responsible individuals
identified in the “Resources” section below.

If it is discovered that a
complaint is knowingly initiated in bad faith, the University may initiate
separate disciplinary action.

II.Resources:People Who Handle Complaints and Oversee Compliance with this
Policy

There are numerous resources available to anyone who believes that he
or she has been the victim of sexual harassment or sexual assault, or has
witnessed sexual harassment or sexual assault. Below are the names and
contact information for the University’s Title IX Coordinators, Sexual
Harassment Process Coordinators, and lists of the advisors trained to deal with
matters of alleged sexual harassment and sexual assault.These individuals can provide information
about the processes under this policy for dealing with concerns and complaints,
and information about other resources that may be available to victims of
sexual harassment and/or sexual assault.If you believe that you have been the victim of sexual harassment and/or
sexual assault or you are aware of such conduct, you are encouraged to make
contact with any of the individuals identified below and in the
appendices.They will make certain that
your complaint is communicated to the appropriate resource for handling.

Title IX Coordinators.The Title IX Coordinators are responsible for, among other things,
overseeing complaints of sexual harassment and assault brought forward under
this policy to assure that these matters are being handled appropriately and
effectively, and for identifying and addressing patterns of sexual harassment /
assault and systemic problems.The
following individuals serve as the University’s Title IX Coordinators, and are
available to speak with anyone who wishes to bring forward a concern or
complaint under this policy.

Sexual Harassment Advisors.In support of its commitment to maintain an
environment free of sexual harassment, the University makes sexual harassment
advising as widely available as possible. To that end, the university assigns
special responsibility to the individuals identified in Appendix A who serve as
sexual harassment advisors.These
advisors include faculty, staff and administrators trained to deal with
incidents of sexual harassment.

Survivor Support Network.Members of the survivor support network (formerly known as sexual
assault advisors) can provide support, resource information and referrals to
assist victims.They include
students, faculty and staff who are trained to deal with incidents of sexual
assault and sexual violence.They may be
contacted directly at the numbers listed online as referenced in Appendix B, or
you may contact Campus Police (412-268-2323) or the Office of the Dean of
Student Affairs (412-268-2075), and tell the receptionist that you would like
to discuss an act of sexual assault, and you will be put in contact with a member
of the survivor support network.

Sexual
Harassment Process Coordinators. In addition to the Title IX Coordinators identified above, the
coordination of formal complaints against faculty or staff that are processed
under this policy is entrusted, under the authority of the President, to the
following officers:

University Police.Victims
of sexual harassment and/or assault may contact the University Police 24 hours
a day at 412-268-2323 to discuss the possibility of filing a criminal
complaint.Even if law enforcement
authorities investigate or take other action, victims still have the right to
pursue claims of sexual harassment and sexual assault through the procedures
outlined in this policy.

Ethics Reporting Hotline.If a community member is not comfortable contacting one of the resources
above, concerns and allegations under this policy may also be reported through
the University’s confidential ethics reporting hotline at www.reportit.net
(login: tartans | password: plaid). Please note that it is important to provide sufficient detail in your
report so that the University is able to take appropriate and meaningful
action.

Questions regarding
the application of Title IX to the University’s programs or concerns regarding
this policy or the handling of complaints under this policy may also be
referred to the Office for Civil Rights of the U.S. Department of Education at
800-421-3481 or by e-mail to OCR@ed.gov.

III.The
Processes for Handling Complaints

Because this Policy governs the conduct of all members of
the Carnegie Mellon community (including faculty, staff, students, vendors,
contractors and visitors), there are different procedures for addressing
complaints under the policy depending on who has allegedly violated the
policy.Where the individual against
whom an allegation is made (hereinafter “respondent”) is a student, cases are
handled through the University Student
Community Standards Process outlined in the Student Handbook.Where
the respondent is a faculty or staff member, cases are handled through the Sexual Harassment Process outlined
below. Where the respondent has dual status (e.g., more than one status), or
where there are multiple respondents with varying statuses, the University has
discretion to determine whether to pursue the matter through the Student
Community Standards Process or the Sexual Harassment Process, depending on the
circumstances of the case. Where the respondent is a vendor/contractor or
visitor, the University reserves the right to determine what process to follow
and is not required to adhere to any of the procedures outlined in either the
University Student Community Standards Process or the Sexual Harassment Process
below.In cases involving
vendors/contractors and visitors, the University reserves the right to take
summary action.

It is important to note that certain forms of sexual assault
and violence may constitute criminal conduct.Whether or not someone who has been subjected to this conduct chooses to
pursue criminal charges externally, they also have the right to pursue a
complaint of sexual harassment or sexual assault through the internal processes
outlined herein, regardless of the status of any external proceedings.Moreover, the University may have an
obligation to pursue an investigation, make a complaint and take disciplinary action
directly, even if a victim chooses not to pursue the matter internally at the
University.This may also be true where
a victim is not a member of our community but makes allegations under this
policy that give rise to an obligation on the part of the University to
safeguard the members of our community.In such cases where the victim is not a member of our community, the
University reserves the right to take action under this policy or take other
action as may be necessary and appropriate to fulfill the University’s
obligation to safeguard our community.

General
Procedural Principles Applicable to all Cases.For all matters that follow the Student
Community Standards Process or the Sexual Harassment Process outlined below,
the following general principles shall govern all procedures (whether informal
or formal) under this policy, to the extent consistent with the University’s
legal obligations.

Procedures are to be fair,
both in substance and in perception, to all persons concerned, to the
various constituencies, and to the Carnegie Mellon community.

All persons concerned are to
be treated with respect and impartiality.

The University recognizes the importance of confidentiality in
handling claims of sexual harassment and sexual assault.In the handling of inquiries and
complaints made under this policy, the University will protect
confidentiality to the extent consistent with the University’s legal
obligations to take all reasonable steps to conduct an effective
investigation of claims and to protect the welfare of the campus
community.

Informal resolution of
allegations of sexual harassment is in certain cases the best and most
productive outcome.The University
recognizes, however, that OCR has taken the position that mediation is not
an appropriate mechanism for resolution in cases of alleged sexual assault
/ violence.

When a formal complaint is
processed, both parties must be provided access to all charges, claims,
and other relevant information that will be used at a hearing, and both
parties shall have an equal opportunity to present relevant witnesses and
other evidence.

Persons providing advice or
called upon to investigate allegations of sexual harassment will be
thoughtfully chosen and properly trained.

All procedures should be
implemented as expeditiously as is consistent with their integrity and
fairness.

During the pendency of an
investigation or proceedings under this policy, the University may be
required to take immediate action to safeguard the University
community.In the case of students,
that may require a no-contact order, suspension, or removal from
campus.In other cases, that may
involve a suspension of employment pending conclusion of the investigation
and proceedings under this policy.

If, prior to resolution of a
complaint under this policy, a student who is a survivor of sexual assault
is concerned about the safety of her/his living situation and lives in a
university residence facility, the student may request to be moved to an
alternate location

The University may also
assist with reasonable and appropriate academic accommodations where
possible.

Specific Procedures for Cases Where
the Respondent is a Student.As
indicated above, cases involving allegations against a student will be handled
in accordance with the University Student Community Standards Process, which is
set forth in the community standards section of The Word.These procedures can be found at the
following link.http://www.cmu.edu/student-affairs/theword//comm_standards/index.html.

Specific Procedures for Cases Where
the Respondent is Faculty or Staff.In these cases, informal or formal procedures may be followed.

Informal
Procedures: In cases where the respondent is faculty or staff (not a
student, vendor/contractor or visitor), one of the Title IX Coordinators or
Sexual Harassment Process Coordinators will promptly endeavor to thoroughly
review the matter with the person making the allegations to determine whether
sexual harassment or sexual assault appears to have occurred, and proceed to
take or recommend appropriate action. Such action may include an informal
agreement or mediated resolution. These terms of an informal agreement or
mediated resolution necessarily include an agreement to stop the behaviors at
issue, but often include other terms / measures that may be appropriate in the
circumstances and necessary to protect the complainant and safeguard the campus
community.Mediation will not be pursued
in cases where OCR has indicated that it is not an appropriate mechanism for
resolution.At any time during the
informal process, the complainant has the right to end the informal process and
proceed with a formal complaint.

Formal Complaint Procedure.A person who believes that
she or he has been subjected to sexual harassment, including sexual assault,
may choose, either initially or after having sought an informal resolution, to
lodge a formal complaint. Victims are encouraged to lodge a formal
complaint (if they intend to do so)as
soon as possible, but at least within one year after the most recent conduct
alleged to constitute sexual harassment. Although the University does not
impose a limitations period for reviewing internal complaints of alleged sexual
harassment/sexual assault, the University recognizes that to conduct a
meaningful investigation of allegations of sexual harassment or sexual assault
and to take prompt remedial action as appropriate, a timely complaint is
important.The lodging and processing of
a formal complaint does not preclude the possibility of an informal or mediated
resolution of the matter.

Anyone considering lodging a formal complaint
should contact one of the individuals identified in the “Resources” section
above.Merely discussing an intended
complaint with one of these individuals does not commit one to actually lodging
the formal complaint, although the University may be required in cases where
the welfare of the broader community is at issue to proceed with an investigation
and lodging its own complaint even if the victim chooses not to file a
complaint.

Once a formal complaint has been filed, the
following procedures will apply:

The formal complaint
procedure is initiated by a person, here termed the “complainant”, lodging
with a Title IX Coordinator or Sexual Harassment Process Coordinator a
written, signed complaint, containing the relevant allegations against the
“respondent”, and requesting an investigation under the procedures
provided below. (Throughout this policy, the terms complainant and
respondent include their respective plurals, unless the context clearly
refers to an individual.)

Neither the complainant nor
the respondent may be represented by legal counsel at the formal
proceedings.

The procedure will be managed
by one of the Sexual Harassment Process Coordinators; as a rule, this
coordinator will be the Provost if the respondent is a faculty member, and
the Associate Vice President of Human Resources if the respondent is a
staff member.

The Sexual Harassment Process
Coordinator shall convene a committee of investigation and shall
inform the complainant and the respondent of the committee's identity and
charge, providing the respondent with a copy of the formal complaint.

The committee of
investigation shall consist of four members, drawn from pools of
university community members. For purposes of this policy, “groups” are defined as faculty,
staff, and students.Hence, where
the complainant and respondent are both from the same group, the committee
shall consist of 4 members drawn from the pool for that group.And, where the complainant and
respondent are from different groups, the committee shall consist of 2
members from each of the 2 groups. Where there are multiple complainants and/or
respondents who are not all in the same group, the Sexual Harassment
Process Coordinator shall adjust the composition of the committee as
appropriate to achieve balance, and may, if it is essential for this
purpose, increase the membership of the committee.

The pool from which members of the
committees of investigation are to be drawn consists of members of the
University community selected by the Sexual Harassment Process Coordinators and
provided with appropriate training. The selection is made periodically from
faculty members nominated by the Chair of the Faculty Organization, students
nominated by the President of the Graduate Student Assembly and the Chair of
the Student Senate, and staff members nominated by the Chair of the Staff
Council, as well as members of the university administration nominated by the
AVP for Human Resources.The number of
pool members from each group is determined from time to time by the Sexual
Harassment Process Coordinators, but the pool should at all times contain, if
possible, at least twenty-four individuals: eight faculty members, eight
students, and eight staff members.

The great importance of confidentiality in the
(informal and formal) processes described in this policy is underscored by
requiring each member of the pool to sign a pledge to respect and to preserve
the confidentiality of their work. If called to serve on a Committee of
Investigation, no one may serve without first signing the pledge.

None of the individuals identified in the
“Resources” section above shall be members of the committee of
investigation, but an experienced sexual harassment advisor shall serve as non-voting
moderator of the committee and shall provide it with his or her expert
advice.

The complainant and the respondent may object, for
cause, to the appointment of a specific person or specific persons as member or
members of the committee of investigation. The convening Sexual Harassment
Process Coordinator shall consider the objection and, if it is accepted, shall
appoint a replacement for the affected member or members of the committee.

The function of the committee
of investigation is to conduct a thorough investigation of the allegations
in the complaint, with a view to:

determining whether
any conduct alleged in the complaint did occur in the manner and
circumstances alleged or otherwise; and

to
the extent that the alleged conduct did occur, determining whether this
conduct constitutes sexual harassment or sexual assault.

With regard to any sexual harassment or sexual
assault found by the committee of investigation to have occurred, the committee
shall make a considered recommendation regarding appropriate action consistent
with the applicable university policies.

In the conduct of its
investigation, the committee of investigation shall have broad access to
all potentially relevant documentation, and shall hold a hearing. The
committee shall make available to the complainant and to the respondent,
before the hearing, the documentation in its possession that the committee
regards as relevant to the complaint. All the information provided before,
or elicited at, the hearing is to be regarded as confidential and treated
accordingly.

The conduct of the hearing is under the exclusive
control of the committee of investigation. Its proceedings are not those of a
court of law. In the interest of confidentiality, the hearing is not public,
and the complainant (or each individual complainant if there are more than one)
as well as the respondent (or each individual respondent) may be accompanied at
the hearing by at most one other person of his or her choice.This individual may not be a legal
representative. This person may, but is not required to, be a sexual harassment
advisor or a member of the survivor support network. The complainant and the
respondent may confer with the respective accompanying person, but that person
may not address the hearing unless called as a witness, and then only in that
capacity. Unless permitted to be present throughout the proceedings in a
capacity as complainant, respondent, or accompanying person, a witness may be
present only while testifying.

The committee of
investigation shall conduct the hearing as soon as practical. Complainant
and respondent shall be notified of the time and place of the hearing by
telephone and confirmed by e-mail.

In making its findings, the
committee shall use the preponderance of the evidence standard (e.g., more
likely than not).If further
proceedings are initiated regarding sanctions, the standards of evidence
set forth in the applicable policies shall govern. The complainant (or any
individual complainant for him or herself only) may withdraw the complaint
by notifying the Sexual Harassment Process Coordinator in writing, at any
time before the opening of the hearing; after the hearing has begun, the
complaint may be withdrawn only with the consent of either the coordinator
or the respondent.Where a
complainant withdraws a complaint, the University may elect to pursue the
matter serving as complainant as necessary to fulfill the University’s
obligation to conduct a full investigation and take remedial action in
order to safeguard the University community.

After concluding its
investigation, the committee of investigation shall make findings and
recommendations by a majority vote.These findings and recommendations shall be documented in a written
report which shall be submitted to the convening Sexual Harassment Process
Coordinator and the timing of that submission shall be communicated to the
complainant, the respondent, and the President. The report shall record
any significant dissent with the committee's findings or recommendations,
but not the names of the members dissenting. If the committee is unable to
reach a decision by a majority regarding the central findings and
recommendations to be made, the committee shall so notify the Sexual
Harassment Process Coordinator, and the Coordinator shall proceed to
convene a new committee to investigate the matter.The newly convened committee shall have
wide latitude in conducting its own investigation and may consider and
give such weight to the record made before the prior committee as it deems
appropriate in its discretion, or the new committee may investigate the
matter de novo.

In the case of staff
respondents, the convening Sexual Harassment Process Coordinator shall
evaluate the findings of the committee of investigation and its
recommendation, and shall render a final decision and take appropriate
action in accordance with the provisions of this Policy and other applicable
university policies.The Sexual
Harassment Process Coordinator's decision to accept or reject the
recommendation of the committee of investigation as well as the basis for
that decision shall be communicated in writing to the complainant, the
respondent, the President, and the members of the committee of
investigation.The matter shall
then be concluded with no further process or appeal.

In the case of faculty
respondents, the convening Sexual Harassment Process Coordinator shall
evaluate the findings of the committee of investigation, and shall
recommend appropriate action to the President, based on that evaluation,
in accordance with the provisions of this Policy and other applicable
university policies, including the Appointment and Tenure policy.The Sexual Harassment Process
Coordinator's recommendation, shall be communicated in writing to the
President and the timing of that submission shall be communicated to the
complainant the respondent and the members of the committee of
investigation

The President will thereafter render a decision based on both
the recommendation of the Sexual Harassment Process Coordinator as well as the
underlying findings and recommendation of the committee of investigation.The President’s decision to accept or reject
the recommendation of the Sexual Harassment Process Coordinator as well as the
basis for that decision shall be communicated in writing to the complainant,
respondent, Sexual Harassment Process Coordinator and committee of
investigation.If the President decides
to initiate the procedure for dismissal for cause or for the imposition of
another sanction against a faculty respondent, the matter will then follow the
process set forth in the subsection "Procedure" of the section of the
Appointment and Tenure Policy of Carnegie Mellon University titled,
"Dismissal for Cause and Other Sanctions", but will be subject to the
"Exceptions" provision of that subsection such that no Ad-Hoc
Committee will be required.

13.The processing
of a formal complaint shall adhere to the following timetable:

Selection of committee
of investigation: 5 working days following receipt of the complaint.

Scheduling of hearing:
5 working days.

Committee
investigation and hearing: At the time of scheduling the hearing the
Coordinator, after consulting the complainant, the respondent, and the
committee of investigation, shall in each case set in writing a
reasonable time period for the committee's investigation and the hearing
with a view toward prompt resolution.

Preparation of
committee report: 10 working days following the conclusion of the
hearing.

If it appears to the Sexual Harassment Process
Coordinator that an extension of one or more of these time periods is essential
to safeguard the integrity and fairness of the process, he or she shall
determine a reasonable time period for such an extension, and shall document in
writing the reasons for the extension and communicate them to all persons
involved in each specific stage of the process to which the extension applies.
When an extension of the time period allotted to the committee's investigation
and hearing is contemplated, the Sexual Harassment Process Coordinator must
consult the complainant, the respondent, and the committee of investigation
before making a decision.

To justify the necessary confidence in the integrity of the
formal complaint procedure, the Sexual Harassment Process Coordinator handling
the complaint, as well as the members of the committee of investigation if one
is convened, are required to conduct all proceedings relating to the complaint
with scrupulous regard for fairness, both in substance and in perception, to
the complainant, the respondent, and the university community.

A critical instance demanding attention to this
requirement of fairness is the Coordinator's choice of members of a committee
of investigation. The Coordinator will ensure a balanced membership as the
make-up of the committee is determined.

The lodging and processing of a formal complaint
does not preclude the Title IX Coordinators or Sexual Harassment Process
Coordinators from pursuing, at the request of the respondent or otherwise,
reasonable efforts to reach an informal or mediated resolution of the matter,
consistent with the principles of this policy.

Sanctions.Appropriate sanctions will be imposed for violation of this Policy.The sanctions will depend on the circumstances and the gravity of the
violation, and may range from reprimand to dismissal, expulsion, or
termination.

The decision to impose sanctions and the procedure for imposing them shall
conform: in the case of a members of the regular, research, teaching,
librarian, or special faculty, to the provisions of the section on “Dismissal
for Cause and Other Sanctions” of the Appointment and Tenure Policy of Carnegie
Mellon University (except that action regarding such a person's administrative
appointments is at the discretion of the President); in the case of a student,
whether undergraduate, graduate, or non-degree, to the provisions in the
section on Community Standards in the Student Handbook; in the case of a staff
member, to the provisions in the section on Staff Relations in the Staff
Handbook, unless superseded by the provisions of an applicable collective
bargaining agreement. In the case of vendors/contractors or visitors, the
decision will be made by the unit responsible for the contract / relationship
in consultation with such University administrators as are appropriate under
the circumstances.

Following
completion of the formal sexual harassment complaint procedure, when an
individual respondent is a faculty member, if the president decides to initiate
against that faculty member the procedure for dismissal for cause or for the
imposition of another sanction (as described in the subsection
"Procedure" of the section of the Appointment and Tenure Policy of
Carnegie Mellon University titled, "Dismissal for Cause and Other
Sanctions"), the procedure is then subject to the "Exceptions"
provision of that subsection, thus precluding the Ad-Hoc Committee stage.

IV.Annual Report

The
Title IX Coordinator and Sexual Harassment Process Coordinators shall provide
the President, the Executive Committee of the Faculty Senate, the Executive
Committee of Staff Council, the Student Senate Chair and President of the
Graduate Student Organization with an annual confidential report, detailing the
number and disposition of different types of incidents, allegations, and
complaints of sexual harassment that have come to their attention during the
past year.This report shall be in
addition to the Clery Act reporting or other
reporting obligations of the University.

The Survivor Support Network
is a team of staff, students and faculty who provide support, information,
resources, and referrals to survivors of sexual and domestic violence.They are available to survivors or their friends
and loved ones, who are members of our campus community, regardless of when or
where the incident happened.They can
provide comfort and relief, and help a survivor organize their thoughts as well
as regain the feeling of being in control.Members are knowledgeable about university policies and procedures,
legal options, and medical treatment; and they provide support as survivors
make decisions on how to proceed.

Depending on the
information that a survivor shares with the Survivor Support Network, the
university may have an obligation to investigate reports of sexual harassment,
sexual assault, domestic violence, dating violence, and stalking and take
appropriate action to limit the effects of the behavior and prevent recurrence.In all cases, the survivor will be consulted
if the university is obligated to investigate or take action on information
that is shared.

Members of the SSN may
be contacted 24 hours a day by:

·Calling
University Police, 8-2323/412-268-2323;

·Calling
the Student Life Office during normal business hours, 8:30 a.m. to -6 p.m.,
Monday through Friday (excluding holidays and breaks) 8-2142/412-268-2142; or

Questions or concerns
about the Survivor Support Network, sexual assault, relationship violence, and
gender programs may also be directed Jessica Klein, Coordinator of Gender
Programs and Sexual Violence Prevention, 412-268-2337.

Updated: October 2014

Appendix C:What To Do If You Or Someone You Know Is A
Survivor of Sexual Assault or Sexual Violence?

The following procedures are recommended
if you or someone you know is a victim of sexual assault, dating violence,
domestic violence, or stalking:

Get to a safe place – Following an
assault, the primary concern is to get the survivor to a safe place.Once there, the survivor has several options
to consider.She/he can:

Contact someone that
she/he can trust –
A friend who can stay with and support her/him.

·Call the Student Life
Office during normal business hours, 8:30 a.m. to 6 p.m., Monday through Friday
(excluding holidays and breaks) 8-2142/412-268-2142; or

·Call University Police,
8-2323/412-268-2323 and ask to be referred to the Survivor Support Network.

Seek medical attention – All survivors
of sexual assault are encouraged to seek medical attention as soon as possible
after the assault to ensure their physical well-being.If you need medical transport to University
Health Services or a local hospital, call the University Police Department at
8-2323/412-268-2323.Even if there is no
external physical injury, survivors can be tested for sexually transmitted
diseases, pregnancy and internal trauma.

Preserve physical
evidence –
The preservation of physical evidence is important to the successful criminal
prosecution of offenders.In order to
preserve such evidence, survivors should not shower, douche or change clothes
or bedding before seeking medical attention.All clothing items should be placed in a paper bag and taken to the
hospital.Also, if oral contact was
made, survivors are asked not to brush their teeth, smoke or eat.Evidence can be collected at area hospitals,
including Magee Women’s Hospital, 412-641-1000 and UPMC Presbyterian Hospital,
412-647-3333.

If a survivor chooses, contact University Police and/or Pittsburgh Police – Sexual assault,
dating violence, domestic violence and stalking are crimes and survivors have
the opportunity to press charges and/or pursue action through the university.Survivors may contact Carnegie Mellon
University Police at
8-2323/412-268-2323 or the Sexual Assault Unit of the Pittsburgh Police at
412-323-7141.Survivors have the right
to decline to contact local law enforcement authorities.If survivors choose to contact law
enforcement, University Police Department Staff and other university officials
listed in the report will assist survivors in doing so.

If a survivor chooses
not to go through the criminal justice system or wishes to pursue university charges, there are disciplinary
and non-disciplinary options available at Carnegie Mellon University.A survivor can discuss on-campus procedures
by calling the Coordinator for Community Standards or the Coordinator for Gender
Programs and Sexual Violence Prevent at the Student Life Office at
8-2142/412-268-2142.Community members
may also contact the Title IX Coordinator or Deputy Title IX Coordinators (see
page 2).

Consider contacting a
counselor or support organization – Counselors are available through the
campus Counseling and Psychological Services (CaPS)
at 8-2922/412-268-2922, Pittsburgh Action Against Rape’s 24-hour help line at
1-866-363-7273, or the Women’s Center and Shelter at 412-687-8005.Visits to University Health Services for
medical treatment and CaPS for counseling are
confidential.Conversations with
University Health Services clinicians and counselors are not disclosed to
anyone without the expressed permission of the person seeking assistance unless
there is a threat of physical harm to that individual or others.

Updated: October 2014

Appendix D:Confidentiality

Limitations on Confidentiality

Consistent
with its duties under Title IX, the University is committed to promptly
responding to reports of sexual harassment, sexual assault, domestic violence,
dating violence and stalking in a way that limits the effects and prevents
recurrence.Because Carnegie Mellon is
committed to ensuring that such reports are investigated and appropriately responded
to, there are limits on the level of confidentiality that can be provided by
officials of Carnegie Mellon.

The
resources listed Section II of the Policy Against Sexual Harassment and Sexual
Assault, as well as the resources listed in Appendices A, B, and C cannot
guarantee confidentiality.Depending on
the information shared, the university may have an obligation to safeguard the
welfare of the campus community through further investigation or by taking
appropriate remedial action.

Confidential Reporting Options

Carnegie
Mellon University maintains many resources for reporting incidents of sexual
assault, domestic violence, dating violence, stalking or other violations of
the university’s Policy Against Sexual Harassment and Sexual Assault.As discussed above; however, because the university
is committed to ensuring that such reports are investigated and appropriately
responded to, there are limits on the level of confidentiality that can be
provided by officials of Carnegie Mellon.

Carnegie
Mellon understands that some survivors of sexual assault, domestic violence,
dating violence and stalking may not be ready or may not be willing to report
through a channel that may lead to an investigation or other university action,
no matter how discreet.For such
individuals, Carnegie Mellon maintains several confidential reporting
options.Unlike the resources listed in
Section II of the Policy or Appendices A, B and C, the resources below can
provide confidentiality.

In
addition, Carnegie Mellon maintains an Ethics
Reporting Hotline where members of the Carnegie Mellon community or the
public may report violations of the law or university policy.The Ethics Reporting Hotline includes an
anonymous reporting option.Although the
Ethics Reporting Hotline may be used to file an anonymous report, the hotline
does not provide counseling or other support services to anonymous
reporters.The Ethics Hotline is not an
emergency service.

Reports may be submitted to the Ethics Reporting Hotline by
calling 1-877-700-7050 or visiting www.reportit.net.(user name: tartans;
password: plaid).

Appendix
E:Definitions

Definition
of Sexual Harassment

Sexual Harassment is defined as
unwelcome sexual advances, requests for sexual favors, or other visual, verbal,
or physical conduct of a sexual nature when:

1.submission to such conduct is
made is implicitly or explicitly a term or condition of an individual’s
employment or student status, in a course, program or activity; or

2.submission to or rejection of
such conduct by an individual is used as the basis for employment or
educational decisions affecting such individual, or

3.such conduct has the purpose
or effect of interfering with an individual’s work or educational performance,
or creating an intimidating, hostile or offensive working and/or learning
environment, or interfering with one’s ability to participate in or benefit
from an educational program or activity.

Engaging
in any physical sexual act perpetrated against a person’s will, where that
person does not give clear, voluntary consent, or where that person is
incapable of giving consent due to drug or alcohol use, or due to intellectual
disability.

A
form of sexual assault defined by Pennsylvania law as engaging in sexual
intercourse with another person:

1.By forcible compulsion;

2.By threat of forcible compulsion that would prevent
resistance by a person of reasonable resolution;

3.Who is unconscious;

4.Who is unaware that the sexual intercourse is occurring
and the perpetrator knows that;

5.Where the person has substantially impaired the
victim’s power to appraise or control his or her conduct by administering or
employing, without the knowledge of the victim, drugs, intoxicants or other
means for the purpose of preventing resistance;

6.Who suffers from a mental disability, which renders the
victim incapable of consent.

Source: Pennsylvania Consolidated Statutes,
Title 18, Section 3121.

Definition
of Domestic Violence

The
occurrence of one or more of the following acts between family or household members, sexual or intimate partners or persons
who share biological parenthood:

1.Who is or has been in a social relationship of a
romantic or intimate nature with the victim; and

2.Where the existence of such relationship is determined
based on a consideration of the length of the relationship, the type of the relationship,
and the frequency of the interaction between the persons involved in the
relationship.

Source: United States Code, Title 42, Section 13925(a)(1), as amended
by the Violence Against Women Reauthorization Act of 2013.

Definition
of Stalking

A person
commits the crime of stalking when the person either:

1.Engages in a course of conduct or repeatedly commits
acts toward another person, including following the person without proper
authority, under circumstances which demonstrate either an intent to place such
other person in reasonable fear of bodily injury or to cause substantial
emotional distress to such other person;

2.Engages in a course of conduct or repeatedly
communicates to another person with an intent to place such other person in
reasonable fear of bodily injury or to cause substantial emotional distress to
such other person.

Source:Pennsylvania Consolidated
Statutes, Title 18, Section 2709.1.

Definition
of Consent

A voluntary agreement to engage in sexual activity.

1.Someone who is incapacitated cannot consent;

2.Past consent does not mean future consent;

3.Silence or an absence of resistance does not imply
consent;

4.Consent to engage in sexual activity with one person
does not imply consent to engage in sexual activity with another.

5.Consent can be withdrawn at any time;

6.Coercion, force or a threat of either invalidates
consent.

Source:Not Alone: The First Report of The White
House Task Force to Protect Students from Sexual Assault – Checklist for
Campus Sexual Misconduct Policies, April 29, 2014.

Definition
of Incapacitation

The
physical and/or mental inability to make informed, rational judgments such as:

1.Due to the use of drugs or alcohol;

2.When a person is sleeping or unconscious;

3.Due to an intellectual or other disability that
prevents the person from having the capacity to give consent.

Source:Not Alone: The First Report of The White
House Task Force to Protect Students from Sexual Assault – Checklist for
Campus Sexual Misconduct Policies, April 29, 2014.

Detailed
information regarding the University’s various education, awareness, and
prevention programs regarding sexual assault and sexual violence may be found
in the University’s Annual Security and Fire Safety Report available at: http://www.cmu.edu/police/security-fire-reports/index.html.